Skip to main content

Reply to this post | See parent post | Go Back
View Post [edit]

Poster: HektorT Date: Jan 30, 2012 5:07am
Forum: feature_films Subject: Re: Hitchcock Films and GATT restoration

This decision just upholds the legality of GATT. GATT has been challenged in court many times:

This article gives an in-depth summary of the ruling:

It also points out:
The Golan decision leaves in place an intricate statutory scheme governing restored works. Dealing with restored works means navigating the many definitions, rules, and exceptions in the law, not to mention the implementing regulations issued by the Copyright Office. For instance, merely to qualify as a "restored work," a work of authorship not only must have originated in a "source country" that qualifies as an "eligible country" (two terms defined in yet further detail), but the work must also not have been published in the United States within 30 days following its publication in the source country.7 Likewise, there are detailed Copyright Office regulations spelling out the procedures for issuing a "Notice of Intent to Enforce" a restored copyright—known as an "NIE"—to a reliance party that began exploiting the work before restoration. In sum, this is dense terrain.

@Kevin: Sometimes when a topic is in the news (like this decision and the MegaUpload takedown) companies review their own exposure to copyright issues. So maybe that's why they decided to DMCA you now. Otherwise, maybe they just wanted to wait until GATT was 100% rock-solid legal grounds for DMCA. Now it is. If you read the above wikipedia link, you'll see that one court has previously ruled GATT unconstitutional. You've got lots of other GATT eligible DMCA-able stuff on your site. At the least you should pull them off your international site and completely pull anything that has an NIE.